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DEFENDERS WIN DELAY IN DUI CASES.


Byline: Jesse Jesse (jĕs`ē), in the Bible, the descendant of Rahab, the grandson of Boaz and Ruth, and the father of David. Referring to the restoration of the Davidic monarchy, the Book of Isaiah speaks of a shoot coming from the "stump of Jesse.  Hiestand Daily News Staff Writer

Defense attorneys won a monthlong delay Wednesday in their bid to bar the District Attorney's CERTIFICATE, ATTORNEY'S, Practice, English law. By statute 37 Geo. III., c. 90, s. 26, 28, attorneys are required to deliver to the commissioners of stamp duties, a paper or note in writing, containing the name and usual place of residence of such person, and thereupon, on paying certain  Office from handling hundreds of drunk driving cases involving the troubled county crime lab.

Superior Court Judge Steven Z. Perren postponed the deadline for filing paperwork from today to July 17. The motion to disqualify To deprive of eligibility or render unfit; to disable or incapacitate.

To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.
 county prosecutors was rescheduled to Aug. 19.

``We don't want to have this thing drag out,'' said Deputy District Attorney Kevin Drescher, who objected to the postponement. ``I just wish we could deal with this once and for all. We're in the dark about what angle (the defense) is going to take.''

Led by Deputy Public Defender public defender, governmental official who represents indigent persons accused of crime. U.S. Supreme Court decisions expanding the right to counsel to pretrial proceedings and holding that a person cannot be sentenced to even one day in jail unless a lawyer was  Brian Vogel, the defense camp said it needed more time because it had received about 2,800 pages of documents from prosecutors late Friday afternoon.

``Clearly, it's a lot to digest,'' Vogel said. ``With all of the discovery and issues that could arise, we really just need some more time to ensure that we present all of the issues.''

The box of documents contained records related to the lab's alcohol-testing program, which has been accused of conducting faulty fault·y  
adj. fault·i·er, fault·i·est
1. Containing a fault or defect; imperfect or defective.

2. Obsolete Deserving of blame; guilty.
 and unlicensed alcohol tests earlier this year.

Defense attorneys plan to ask that hundreds of DUI driving under the influence (DUI) n. commonly called "drunk driving," it refers to operating a motor vehicle while one's blood alcohol content is above the legal limit set by statute, which supposedly is the level at which a person cannot drive safely.  cases be dismissed because they are based on the test results.

The defense says the District Attorney's Office works so closely with the lab in prosecuting DUI suspects, it would have a conflict of interest in handling cases in which the alcohol results are contested.

The list of cases being challenged has grown steadily and now stands at about 300, Vogel said. About two-thirds of those are from the Public Defender's Office, with the rest being challenged by 20 private attorneys.
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No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jun 19, 1997
Words:289
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